Illinois Bankruptcy Forms

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Information About Illinois Bankruptcy Courts, Laws & Lawyers With Legal Summaries For Debtors

Avoid Mistakes When Planning and Filing Illinois Bankruptcy Cases

The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.

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"Illinois Bankruptcy Forms"

Each court provides official Illinois bankruptcy forms and official instructions. These documents are required in substantially the same format as distributed by the court. Be aware court instructions are not a substitute for legal advice, and that an expansive or restrictive interpretation of defined terms impacts the effect of filing each Illinois bankruptcy proceeding. Contingent, unliquidated, and contractual liability are particularly vulnerable to subjective interpretation.

Uniform Local Bankruptcy Rule 3 provides, in part, "(a) Duties Prior to Filing Petition and Schedules. Prior to filing the petition and schedules, the attorney for the debtor shall personally review them to determine and insure that: (1) The correct form has been used; (2) The petition has been completed and is accurate; (3) All state and federal exemptions available have been properly claimed with the correct statutory citations; (4) All of the debtor's assets and property have been accurately identified; (5) All lien creditors, their security interests and the collateral have been accurately described; (6) The debtor and the debtor's attorney have signed the petition at all appropriate places; and (7) A notice of alternative chapters under which an individual debtor(s) may proceed, has been properly executed by the debtor(s). It is to be filed with the bankruptcy petition in all individual cases. The official local form may be obtained from the clerk. (8) A schedule of current income and current expenditures has been included in the petition and schedules. 11 U.S.C. 521(1). This rule applies in all Illinois bankruptcy cases.

New privacy rules went into effect December 1, 2003 for all Illinois bankruptcy courts. Previously, the social security number for each debtor was made publicly available through the clerk's office in all cases. The new rule now requires only the last four digits to be made publicly available because of the rise in identity theft. Concerns regarding inclusion of the names and ages of minor children within schedules remain hotly debated. The Illinois Bankruptcy Court for the Northern District issued a standing order on February 17, 2004 because of the dischargeability of attorney fees. In a case under Chapter 7 of the Code, where the debtor's attorney agreed to represent the debtor upon the condition of a later written agreement to pay attorney fees after filing, the Court will now allow an attorney to withdraw if the debtor refuses to sign the agreement.

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Information for consumer debtors filing Chapter 7 or Chapter 13 in Aurora, Chicago, Cicero, Elgin, Joliet, Naperville, Peoria, Rockford, Springfield, and Waukegan. State and county bar referral information included, plus legal summaries of state and federal law requirements, lawyer directory, law firm and attorney fee guidelines, and court contact information. Illinois Bankruptcy Laws, Courts & Lawyers | ©Copyright 1997 through 2010 - All Rights Reserved.